Courts Telephone Seminars

Assessing a Client's Risk for Violence ...s, law enforcement agencies, correctional facilities, and courts are frequently faced with the question of whether and under what circumstances an individual should be released to the community when the person has some history of violence toward others. There is often a dilemma of balancing risk to the public with respecting the civil rights of an individual and allowing them the least  more...

Daubert Motions: Challenging Expert Opinions ...ert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This live audio conference will give you the ammunition you need to challenge opposing expert testimony. You will learn  more...

FLSA New Fluctuating Workweek Regulatory Guidance ...atory pronouncement is likely to receive deference in the courts. The program will also review practical compliance solutions. This live audio conference is critical for employers who want a thorough understanding of the benefits and risks of the fluctuating workweek in the current wage and hour enforcement climate. This live audio conference is designed for human resource and payroll  more...

Ethical Considerations in Utilizing Social Media ...d from ill-advised use of social media by lawyers. Worse, courts, state bar associations and disciplinary counsel have offered scant guidance on potential ethical violations arising from use of social media. Do the print advertising rules apply or does something new? Is blogging subject to a different standard, such as political speech? Make sure you know how to navigate the waters of social  more...

Understanding and Complying With Disclosures Under Rule 26(A) ...on of electronic records is now expected by litigants and courts alike. You will learn about the amended federal rules relating to electronic discovery and recent case law interpreting these rules. This live audio conference will also discuss benchmarking data that assesses how companies can cope with amended federal rules' requirements and offer practical suggestions for integrating records  more...

Winning at the Gate: Practical Lessons for Stating or Attacking Claims in a Post-Twombly/Iqbal World ... pleading a claim in federal court cases, but lawyers and courts continue to struggle in applying the plausibility standard. This live audio conference explores practical approaches to 'winning at the gate,' whether you are pleading or attacking a claim, particularly in the complex commercial litigation arena. We will discuss strategies for approaching the race and plausibility trigger points  more...

Commercial Tenant Notifications: Priorities and Pitfalls ...mmercial leases and are being increasingly scrutinized by courts and legislative assemblies across the country. Indeed, a failure to correctly notify a tenant can jeopardize the landlord's right to collect amounts due and owing under the lease, prolong the right to evict a defaulting tenant and even expose an innocent landlord to civil liability. This live audio conference is designed to assist  more...

Drafting Document Retention Policies ...serious potential for criminal liability. Indeed, several courts have made clear that a corporation's failure to abide by a reasonable document retention policy will not be taken lightly and the risks created by document mishandling and the responsibilities to ensure correct handling will often fall to both inside and outside counsel. This audio conference is designed to help you gain a better  more...

Ethical Settlement Negotiations ...he American Bar Association and various state and federal courts on matters ranging from basic duties of disclosure to the often murky rules affecting class actions and the settlement of complex litigation affecting numerous parties. This audio conference will better equip you to strike an appropriate and effective balance between the need to represent clients vigorously and the need to adhere  more...

Current Issues in Legal Holds: Are You Prepared? ...t's over now. The stakes are higher than ever, and so are courts' expectations for parties and their lawyers. Organizations simply must have in place a compliant legal hold process that effectively preserves discoverable documents and data. This audio conference will help you understand the changing compliance environment for preserving discoverable documents and data. You will be able to  more...

Understanding the Legal Concepts of Adverse Possession of Real Property in New York State ...ner's rights in and to that property. While the New York courts have historically disfavored settling property disputes in this manner and thus the courts have imposed a heavy burden of proof on the party seeking to obtain title by adverse possession, it is not uncommon for New York property owners and real estate lawyers to frequently confront property and boundary disputes that involve these  more...

Loan Workout Complications: Second Lien Issues ...visions. The teleconference will also analyze how certain courts have interpreted intercreditor provisions in the context of sales affected pursuant to Section 363 of the Bankruptcy Code. By the end of the teleconference, you will have a clear understanding of current market terms for first lien/second lien intercreditor agreements and how courts are enforcing these provisions. This  more...

Current Issues in CEQA ...cent CEQA decisions which provide a nascent view into how courts are dealing with greenhouse gas issues under CEQA. Finally, we will present 2009 CEQA decisions impacting development of projects within the state. Learning Objectives - You will be able to specify recent and proposed CEQA decisions concerning greenhouse gases. - You will be able to debate mitigation impact and effects of  more...

Appealing Standards: Determining the Applicable Standard of Review ...mportant jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it). The two most common mistakes in appellate advocacy are (1) taking the standards at face value, uncritically assuming that they mean what they say and that the court will apply them as they are written and (2) treating the standards as mere  more...

Statutory Research and Legislative History for Paralegals ...ion of the legislative body that passed a particular law. Courts have different approaches to using these unique secondary materials in conjunction with standard rules of statutory construction. This teleconference will explore the methods to research statutes and codes, explain the various documents used by Congress and the states in considering and passing statutes, identify the significance  more...

New Technology and the Fair Debt Collections Practices Act BenefitsThis teleconference will provide you with information regarding the interplay between the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the use of new technology in contacting debtors. The speakers will cover the use of voice mail, caller ID, email, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt  more...

Internet and Email: Monitoring Employee Conduct BenefitsTechnology has made privacy issues a hot bed of legal, moral and ethical debate. The development of new technology in recent years has created the ability to access seemingly limitless information resources and has changed irrevocably the way business is conducted. Companies literally have the world at their fingertips. The ever increasing developments in technology will only add to the  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ... The Court has also historically emphasized that district courts must consider the application of qualified immunity to any police case, including claims of excessive force. Scott v. Harris brings these two legal issues together in a case in which a police officer made a conscious decision to ram a criminal suspect's car during a police pursuit which resulted in catastrophic injuries to the  more...

When Worlds Collide - Bankruptcy and Probate ...tion to federal jurisdiction served to prevent bankruptcy courts from adjudicating any matters that were related, even only slightly, to a probate estate. In giving a very narrow interpretation to the probate exception to federal jurisdiction within the context of bankruptcy jurisdiction, the Supreme Court's ruling in Marshall clearly grants bankruptcy courts with the authority to adjudicate  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ...f a lack of legal opinions published in federal and state courts, litigation insurers and title examiners may not be fully equipped with the specific understanding of the differing laws and their application under differing situations when issuing title reports with lien priority determinations. Their analysis could be either exposing homeowner associations to erroneous litigation, or  more...

Avoiding Costly Mistakes In Harassment Policies and Investigations ...of harassment remain a significant problem for employers. Courts and legislatures continue to create new obligations for employers and continue to increase the potential for liability for employers. Many employers continue to have policies and procedures for harassment that are outdated or that actually create potential liability. This teleconference will help you understand the common errors  more...

When Bad Things (Unexpectedly) Happen to Good Projects: Force Majeure Clauses in Contemporary Construction Contracts ...unwary should you keep in mind? How strictly do reviewing courts enforce the terms and requirements of force majeure clauses? Are you adequately protected by your force majeure clause? Are there ways to minimize force majeure risk outside of the contract? These and other critical issues will be addressed in this teleconference by veteran construction litigators David Yamin and Neil McGaraghan  more...

Restrictive Covenants: Common Disclosures, Restrictions and Land Use Issues ...er scrutiny and find less support than ever before in the courts if they stand in the way of the widespread repositioning of properties and restructuring of financial and legal arrangements. Understanding how restrictive covenants are imposed, how they are legally regulated and operated, and how to deal with them whatever your objective, is essential for anyone dealing with real estate in this  more...

Determining When an Individual With a Disability Is "Qualified" Under the ADA ...loyment Opportunity Commission and decisions from federal courts across the country, this teleconference will provide participants with information they can use to (1) make sure that job requirements (including employment tests and physical standards) accurately reflect the duties of a job; (2) write a job description or job announcement that appropriately identifies a job's essential  more...

Uses and Abuses of In Limine Motions BenefitsMotions in limine are procedural tools for excluding inadmissible or prejudicial evidence at the beginning of trial. Their purpose is to promote judicial efficiency and fairness by expediting trial, avoiding prejudicial questions, and excluding irrelevant evidence and objections from entering the courtroom and record. They were not intended to supplant dispositive motions such as those for  more...

Current Issues in Development Impact Fees ... important recent judicial decisions in state and federal courts addressing development fees and exactions. Learning Objectives - You will be able to discuss the relationship between development fees, exactions of land, regulatory set-asides, and in-kind taxes. - You will be able to review the applicability of Nollan/Dolan. - You will be able to define development agreements and fees. - You  more...

Value Engineering Change Proposals in Government Contracting ...ing attention to hotly contested VE issues throughout the Courts and Boards of Contract Appeals. Key suggestions for establishing successful VE programs within your company will be discussed. This teleconference is critical for contracting personnel so they can ensure that appropriately submitted VECPs will benefit the contractor, both in terms of increased efficiency, as well as financial  more...

Tax Law Research Best Practices ...ce adds or amends its regulations to changes in the code. Courts and administrative panels will decide how the laws and regulations are applied to specific controversies. This teleconference will examine the sources for identifying tax law and tools that track changes in the law as applied. It will also identify approaches to state tax and topical research. You will come away from the  more...

Differing Site Conditions ...try deals with those claims, both via contract and in the courts. By attending, you will be more prepared to keep on the look-out for those situations where differing site conditions claims might arise and understand what your various rights and remedies might be, whether you are an owner, general contractor or subcontractor. n nLearning Objectives n- You will be able to point out scenarios  more...

The Do's and Don'ts of Telephone Monitoring ...f differing requirements imposed by state statutes. Since courts in California have changed the rules for telephone monitoring for anyone who makes a call into California and other states with mutual consent rules may follow suit, it is imperative that any company engaging in telephone monitoring for quality assurance or otherwise, review and update their telephone monitoring practices to avoid  more...

Clean Water Act Jurisdiction Guidance Under the New Administration - Rapanos or Oberstar? ...at landscape continues to shift as the Army Corps and the courts respond in new ways to a perceived loss of jurisdiction. This teleconference will help you understand the ever-changing jurisdictional landscape and navigate a course to project approval. The teleconference will explain how we got here and what to expect next. Failing to give proper consideration to Clean Water Act jurisdictional  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax ...he Uniform Division of Income for Tax Purposes Act, state courts and taxing authorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to multistate businesses that are in the process of selling assets, liquidating or ceasing operations.  more...

Multiplaintiff Settlement Negotiations ...estrictive FLSA collective action "opt-in" process. Where courts have shown reluctance to certify Rule 23 classes under discrimination laws, plaintiffs' counsel simply bring multiplaintiff cases naming long lists of employees as co-plaintiffs. Dukes v. Wal-Mart may herald a revival and expansion of discrimination class actions. Employers are confronted with the burden, expense and difficulty of  more...

Defining Electronic Data Terminology and Concepts nElectronic discovery has fundamentally altered both the corporate and legal worlds. The discovery and production of electronic records is now expected by litigants and courts alike. Attend this session and learn how to determine what is "electronically stored information" and proven methods for litigation readiness in the e-discovery era.  more...